Appreciate Stuff, Inc. (“Appreciate Stuff,” “we,” “us,” or “our”) owns and operates the www.appreciatestuff.com website(s) (the “Site(s)”) and the appreciate online and/or mobile application(s) (the “App(s)”). This document explains the terms by which you may use our Site(s), App(s) and any underlying software or services provided on or through the Site(s) and/or App(s) (collectively, the “Services”). The following Terms of Service & End User License Agreement (“Agreement”) applies to anyone (“you”) who registers or creates an account for the Services (a “User Account”) or otherwise uses any portion of the Services. All use of the Services by you and any other user of the Services is subject to the terms and conditions contained in this Agreement.
This Agreement only applies to the Services identified above. Other sites, apps, services, or other online content may have their own terms or conditions of use which should be reviewed.
Appreciate Stuff may offer promotions, sweepstakes, contests, or features that have their own special terms, and to the extent any portion of those special terms conflict with the terms of this Agreement, the special terms will govern for that specific portion unless stated otherwise.
This Agreement is effective as of the 16th day of October, 2021.
IMPORTANT, PLEASE READ THIS AGREEMENT CAREFULLY: THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND APPRECIATE STUFF, GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES, AND CONTAINS IMPORTANT LIMITATIONS, REPRESENTATIONS, WARRANTIES, DISCLAIMERS, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. BY ACCESSI seeNG OR USING THE SERVICES, BY CREATING A USER ACCOUNT, OR BY CLICKING A BUTTON OR CHECKING A BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU REPRESENT THAT YOU ARE OLD ENOUGH TO ENTER INTO A BINDING LEGAL AGREEMENT IN THE JURISDICTION WHERE YOU RESIDE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT WITHOUT MODIFICATION. APPRECIATE STUFF RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AND WILL PROVIDE NOTICE OF THESE CHANGES AS DESCRIBED BELOW.
IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT: (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND MAY BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT; AND (2) SUCH ENTITY HAS FULL POWER AND AUTHORITY, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. THE SERVICES ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE THE SERVICES. DO NOT USE THE SITE OR APP, ANY OF THE CONTENT AVAILABLE ON OR THROUGH THE SITE OR APP, OR ANY OTHER SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 14.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 14.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 14.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND APPRECIATE STUFF, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Qustodio, Net Nanny and Kaspersky Safe Kids. Please note that Appreciate Stuff in no way endorses or is responsible for these services.
Appreciate Stuff provides a place for users to digitally catalog their goods within their "Appreciate" closet. The Services are intended for communication, transactional, informational, and entertainment purposes as well as other interactive uses. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. You agree you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Appreciate Stuff. You may not use the Services to establish any independent data files, databases, compendiums, or any other reference materials.
You may use the Services only if you can form a binding contract with Appreciate Stuff, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Services would be illegal or otherwise violate any applicable law. Any use of or access to the Services by anyone under the age of 13 years old (or under the age of 16 years old in Europe or younger than the age of majority in the applicable foreign jurisdiction) is strictly prohibited and in violation of this Agreement. In addition, if you are under 18 years old, you may use the Services only with the approval of your parent or guardian. The Services are not available to any users previously removed from the Services by Appreciate Stuff. By entering into this Agreement, you represent and warrant that you meet the following minimum requirements (“Eligibility Requirements”): (i) you have the necessary rights and authority to enter into and perform the obligations required of you as a User Account (as defined in Section 1.3) holder under this Agreement; (ii) all account and billing information, and all data and information which you transmit using the Services (collectively, “Account Data”) is and will remain within your right to use and is accurate, complete and current; (iii) your use of the Services will comply with all applicable laws and regulations; and (iv) you will not infringe the rights of any third party (including, without limitation, any intellectual property rights or privacy rights) in your use of the Services.
Use of the Services may require one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended.
1.2 Limited License
Subject to the terms and conditions of this Agreement, Appreciate Stuff hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable right and license to access and use the Services as permitted by the features of the Services and in a manner that is consistent with the other terms of this Agreement and the intended purpose of the Services. You agree this is the grant of a license, not a transfer of title, and under this license you may not attempt to decompile or reverse engineer any software contained on or through our Services or transfer the AS Content (as defined below) that is available through the Services to another person or “mirror” such content on any other server. Appreciate Stuff reserves all rights not expressly granted herein with respect to the Services and the AS Content. To the extent permitted by law, Appreciate Stuff may terminate this license at any time for any reason or no reason including, but not limited to, for breach of any term contained in this Agreement. All rights not expressly granted to you are reserved by Appreciate Stuff and its licensors.
1.3 User Accounts
Your User Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to Appreciate Stuff with a third-party service, you give us permission to access and use your information from that third-party service as permitted by that service, and to store your log-in credentials for that service.
You may never use another user's User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Appreciate Stuff immediately of any breach of security or unauthorized use of your User Account. Appreciate Stuff will not be liable for any losses caused by any unauthorized use of your User Account. Appreciate Stuff may investigate any complaints and violations that come to its attention with respect to your User Account and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating User Accounts. Under no circumstances will Appreciate Stuff be liable in any way for any data or other content transmitted or viewed by you or any other users of the Services including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. Without limiting any of its other rights or remedies, Appreciate Stuff reserves the right to suspend your access to the Services if Appreciate Stuff reasonably believes that you have materially violated the restrictions and obligations in this Agreement. If Appreciate Stuff suspends or terminates your User Account, you acknowledge that all Account Data and other information and content associated with your User Account will no longer be available to you.
You may be able to control the profile on your User Account and how you interact with the Services by changing the settings in your User Account. By providing your email address to Appreciate Stuff, you consent to us using the email address to send you notices and communications related to the Services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
As the holder of a User Account, you agree that you shall: (i) reasonably cooperate with Appreciate Stuff in all matters relating to the Services; (ii) respond promptly to any request from Appreciate Stuff to provide information, approvals, authorizations, or decisions that are reasonably necessary for Appreciate Stuff to provide the Services in accordance with the terms of this Agreement; and (iii) provide such materials or information as Appreciate Stuff may reasonably request so that we can provide the Services and ensure that such materials or information are complete and accurate in all material respects.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities on or through the Services: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Appreciate Stuff servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Appreciate Stuff grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available and searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to compromise or interfere with the integrity or security of Appreciate Stuff's system; (v) deciphering any transmissions to or from the servers running the Services; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) collecting or harvesting from the Services any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”); (ix) using the Services for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) interfering with the proper working of the Services; (xii) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xiii) engaging in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Services and/or Appreciate Stuff's computers, servers or networks, or any other users' computers or systems; (xiv) making unauthorized deletions or alterations with respect to any material posted on or through the Services by Appreciate Stuff or any other person or entity; (xv) causing Appreciate Stuff to violate any applicable law, rule or regulation, including those regarding the export of technical data; or (xvi) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
1.5 Changes to the Services and this Agreement
You understand and agree that Appreciate Stuff may, without prior notice: (a) change the Services; (b) stop providing the Services or features of the Services to you or to users generally; (c) or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You understand and agree that Appreciate Stuff may modify this Agreement at any time without prior notice. You should visit the Site(s) or access the App from time to time to review the current version of this Agreement. In the event of a modification to this Agreement, you will be prompted to accept the Agreement as modified when you next log in to the Services. If you do not accept the terms of the Agreement as so modified, you shall not be permitted to log in to the Services. You may read a current, effective version of this Agreement at any time by selecting the applicable link on the Site(s) (http://www.appreciatestuff.com/tos). By using any Services subsequent to any modification of this Agreement, you agree to be bound by such modification(s).
1.6 Disputes with Other Users
In using the Services, you may interact with other User Account holders and users of the Services. You are solely responsible for your interactions with other users and agree to use the Services in a manner that is legal, respectable, and consistent with the terms of this Agreement. We reserve the right, but have no obligation, to monitor disputes between you and other users. Appreciate Stuff shall have no liability for your interactions with other users, or for any user's action or inaction. Appreciate Stuff is not responsible for the conduct of any other User Account holder or other users of the Services who may interact with you, regardless of whether or not it is done through the Services.
1.7 No Fiduciary Duties; Digital Asset Representations
This Agreement does not, and is not intended to, create or impose any fiduciary duties on Appreciate Stuff. You acknowledge and agree that, to the fullest extent permitted by law, Appreciate Stuff owes neither you nor any other party any fiduciary duties or liabilities, and that, to the extent any such duties or liabilities may exist at law or in equity, such duties and liabilities are hereby irrevocably disclaimed, waived and otherwise eliminated. You further acknowledge and agree that Appreciate Stuff only owes you the duties and obligations expressly stated in this Agreement.
By accessing and using the Services, you represent that: (i) you have a working knowledge of use and details of digital assets; (ii) you understand that markets for such digital assets are highly volatile, due to factors including but not limited to adoption, speculation, technology, security, and regulation; and (iii) you understand the risk that digital assets may lose some or all value. You acknowledge that Appreciate Stuff is not responsible for any of the foregoing variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Services. Further, you understand and agree to assume full responsibility for all risk of accessing and using the Services. ]
1.8 Service Location
The Services are controlled and operated from facilities in the United States. Appreciate Stuff makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on or through the Services are solely directed to individuals, companies, or other entities located in the United States.
Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective User Account holder or other users of the Services that upload or post such content as set forth in Section 6, below, the Services and all content or materials therein or transferred thereby, including, without limitation, software, images, text, data, links, graphics, illustrations, organization and layout, color selections, logos, patents, names, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively, the “AS Content”), are protected by United States and international copyright laws or other applicable intellectual property laws related thereto. All AS Content is either the exclusive property of Appreciate Stuff or made available through arrangements with third parties. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or to any such AS Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AS Content except as permitted under this Agreement. No other use is permitted without Appreciate Stuff's prior written consent. You acknowledge that no right, title, or interest in or to any AS Content is transferred to you as a result of you accessing, downloading, or printing any AS Content. The use or posting of any AS Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the AS Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of the AS Content. AS Content protected by this Section 2 includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party AS Content. Use of the AS Content for any purpose not expressly permitted by this Agreement is strictly prohibited and potentially a violation of copyright, trademark, and other applicable laws related to intellectual property protections.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Appreciate Stuff under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Appreciate Stuff does not waive any rights to use similar or related ideas previously known to Appreciate Stuff, or developed by its employees, or obtained from sources other than you.
APPRECIATE STUFF and other trademarks, service marks, and logos used and displayed on or through the Services are registered or unregistered trademarks or service marks of Appreciate Stuff (the “AS Trademarks”). Other company, product, and service names available through the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” and, collectively with the AS Trademarks, the “Trademarks”). Nothing available on or through the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on or through the Services without the prior written consent of Appreciate Stuff for each such specific use. Use of any Trademarks as part of a link to or from any web site is prohibited without Appreciate Stuff's prior written consent. All goodwill generated from the use of any AS Trademarks shall inure to Appreciate Stuff's benefit. All rights not expressly granted herein are reserved to Appreciate Stuff.
The Services contain data, information, and other content not owned by you (“AS Property”). You understand and agree that regardless of terminology used, any right to use AS Property granted to you represents a limited license right governed solely by the terms of this Agreement and available for distribution at Appreciate Stuff's sole discretion. You acknowledge that you do not own the User Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of Appreciate Stuff on Appreciate Stuff servers, including without limitation, any data representing or embodying any or all AS Property. You agree that Appreciate Stuff has the absolute right to manage, regulate, control, modify and/or eliminate AS Property as it sees fit in its sole discretion, in any general or specific case, and that Appreciate Stuff will have no liability to you based on its exercise of such right. All data on Appreciate Stuff's servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON APPRECIATE STUFF'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME AND FOR ANY REASON IN APPRECIATE STUFF'S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. APPRECIATE STUFF DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON APPRECIATE STUFF'S SERVERS.
3.1 Accuracy of Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You will pay applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
3.2 California Residents
he provider of services is Appreciate Stuff, Inc. / 2202 18th Street NW #205 Washington, DC 20009 / email@example.com / 202-964-1233. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Hearing impaired persons may call (800) 326-2297 or (916) 928-1227 via TTY device.
If the Services include professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You acknowledge that any opinions or recommendations available on or through the Services are not necessarily those of Appreciate Stuff nor endorsed by Appreciate Stuff. Appreciate Stuff does not guarantee or promise that any opinions or recommendations available on or through the Services are accurate or will be helpful to any issue you may have. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. YOU AGREE THAT APPRECIATE STUFF IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY INJURY OR HARM THAT MIGHT RESULT FROM USING OR IMPLEMENTING IN ANY MANNER ANY OF THE OPINIONS OR RECOMMENDATIONS FOUND ON OR THROUGH THE SERVICES.
Please note that by creating a User Account and providing your phone number, you consent to receive autodialed or prerecorded calls and text messages from us at the telephone number(s) you provide to us. We may place such calls or texts to: (i) help keep your User Account secure through the use of two-factor authentication; (ii) help you access your User Account when you've forgotten your password; or (iii) as otherwise necessary to service your User Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you.
Certain parts of the Services may allow you to upload your own user generated content (“UGC”) in certain locations or as part of your use of the Services. Any UGC you transmit, post or otherwise make available on or through the Services, which includes any comments, pieces, ideas or other information or materials you make available in any form including, but not limited to, any visual or audio data, is made available to Appreciate Stuff on a non-proprietary and non-confidential basis. You hereby grant to Appreciate Stuff and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (i) displaying and demonstrating the capabilities and functioning of the Services; (ii) marketing the Services, in any media now known or hereafter developed; and/or (iii) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other user of the Services to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.
You hereby agree that to the extent you include in your UGC any Personal Information, Appreciate Stuff may process and disclose such information as necessary to: (i) fulfill Appreciate Stuff's obligations under this Agreement; (ii) comply with any applicable legal obligations; (iii) avoid any imminent harm to you or another person; (iv) carry out tasks in the public interest; or (v) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. User Account holders shall at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other users of the Services to Appreciate Stuff and its service providers or their respective affiliates, subcontractors, agents, successors and/or assigns.
Appreciate Stuff reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold harmless Appreciate Stuff from any claims resulting from any action taken by Appreciate Stuff during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Appreciate Stuff or law enforcement.
You acknowledge and agree that Appreciate Stuff may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, but not limited to, to address any UGC that Appreciate Stuff determines is inappropriate or disruptive to the Services or to any other user of the Services. Appreciate Stuff has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC. Appreciate Stuff has no direct control over any UGC, and therefore Appreciate Stuff is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any UGC. None of the UGC available on or through the Services is fact-checked or maintained by Appreciate Stuff.
You represent and warrant to Appreciate Stuff that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.
The transmitting, posting, or making available of UGC through the Services does not indicate any approval or endorsement by Appreciate Stuff of such UGC. Appreciate Stuff is not responsible for, and hereby disclaims any and all liability that may arise from, the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides some recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send Appreciate Stuff a notice requesting that the material be removed, or that access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail or email to Appreciate Stuff’s designated agent for notice of claims of copyright infringement at:
2202 18th Street NW #205 Washington, DC 20009
Attn: Copyright Agent
By Email – firstname.lastname@example.org
Under the DMCA, notices must include all of the following details:
Appreciate Stuff takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any User Accounts and/or users that are connected to valid and repeat copyright infringement complaints.
If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to email@example.com detailing your allegation and please specify “Copyright Agent” in the subject line of the email. Appreciate Stuff takes infringement of intellectual property rights seriously and will investigate the matter.
In connection with your access to and/or use of the Services, you agree that you will NOT transmit, post or otherwise make available through use of the Services any UGC or data that:
Appreciate Stuff cares about the integrity and security of your Personal Information and other data. However, we cannot guarantee that all information transmitted online will be secure or that unauthorized third parties will never be able to defeat our security measures or use your Personal Information or other data for improper purposes. You acknowledge that you provide your Personal Information and any other data at your own risk.
Appreciate Stuff may also allow for integration and other interactions between the Services and other third-party social media platforms. This may include integration with third-party buttons or plugins available on or through the Services that when used, may allow you to share content from our Services or other content with other persons on or through the third-party social media platforms or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the respective level of sharing. Appreciate Stuff has no control over these third-party social media platforms and you use these interaction functions at your own risk. Appreciate Stuff is in no way liable for any harm to you as a result of using one of these social media interaction functions.
You agree to defend, indemnify and hold harmless Appreciate Stuff and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their respective employees, contractors, agents, business partners, representatives, attorneys, officers, directors, and any other party involved in the creation, production or transmission of the Services (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including without limitation, reasonable legal and accounting fees, costs of defense and direct, indirect, punitive, special, individual, consequential, or exemplary damages the Indemnified Parties suffer in relation to or resulting from, or for the purpose of avoiding, any third-party claim or demand that relates to: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access to and use of the Services through your User Account.
Appreciate Stuff shall provide notice to you of any such indemnification claim, suit, or proceeding. Appreciate Stuff reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 11. In such case, you agree to cooperate with any reasonable requests in assisting Appreciate Stuff's defense of such matter. Your indemnification obligations shall survive the termination of this Agreement.
AVAILABLE” BASIS. ALL USE OF THE SERVICES IS DONE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, APPROPRIATENESS, TIMELINESS, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPRECIATE STUFF OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPRECIATE STUFF AND THE OTHER INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ANY WARRANTY THAT: (I) THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (II) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS FURTHER, THE INDEMNIFIED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPRECIATE STUFF SERVICES OR ANY EXTERNAL LINKS, AND APPRECIATE STUFF WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY OTHER USER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO: (I) THIS AGREEMENT; (II) THE USE OR INABILITY TO USE THE SERVICES; (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY EXTERNAL LINKS AVAILABLE ON OR THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES WILL APPRECIATE STUFF OR ANY OF THE OTHER INDEMNIFIED PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPRECIATE STUFF AND THE OTHER INDEMNIFIED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO APPRECIATE STUFF IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT CAUSED THE APPLICABLE CLAIM OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APPRECIATE STUFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN, THAT APPRECIATE STUFF PROVIDES ITS SERVICES IN RELIANCE ON THE ENFORCEABILITY OF THESE PROVISIONS, AND THAT SUCH PROVISIONS SHALL APPLY NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH APPRECIATE STUFF'S SERVICES OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
14.1 Governing Law
YOU HEREBY CONSENT AND AGREE that: (i) the Services shall be deemed solely based in Delaware; and (ii) the Services shall be deemed passive and shall not give rise to personal jurisdiction between the parties, either specific or general, in jurisdictions other than Delaware. YOU HEREBY CONSENT AND AGREE that this Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 14.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. YOU HEREBY CONSENT AND AGREE to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. YOU HEREBY CONSENT AND AGREE that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM APPRECIATE STUFF. This Section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Appreciate Stuff that arises out of or relates to, directly or indirectly: (i) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with Appreciate Stuff, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your commitment to be bound by the terms of this Agreement.
If you are a new Appreciate Stuff User Account holder, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting this Agreement by emailing Appreciate Stuff at firstname.lastname@example.org with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Appreciate Stuff has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for the AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless you and Appreciate Stuff agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Appreciate Stuff agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Appreciate Stuff from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
14.3 Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND APPRECIATE STUFF AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER APPRECIATE STUFF USERS. YOU AND APPRECIATE STUFF FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND APPRECIATE STUFF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
As mentioned, we may make available software to access the Services via one or more App(s) on your mobile device. To use the App(s), you must have a compatible mobile device. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable store page before downloading our App(s). Appreciate Stuff does not warrant that the App(s) will be compatible with your mobile device. You acknowledge and agree that the system requirements for the App(s), which may be changed from time to time, are your responsibility. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App(s) and any or all content on the App(s) may be restricted from time to time to allow for repairs, maintenance or updating. You may use mobile data in connection with the App(s) and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Appreciate Stuff hereby grants you a non-exclusive, non-transferable, revocable license to use the App(s) for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App(s), except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App(s) to any third party or use the App(s) to provide time sharing or similar services for any third party; (iii) make any copies of the App(s); (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App(s), features that prevent or restrict use or copying of any content accessible through the App(s), or features that enforce limitations on use of the App(s); or (v) delete the copyright and other proprietary rights notices on the App(s). You acknowledge that Appreciate Stuff may from time to time issue upgraded versions of the App(s), and may automatically electronically upgrade the version of the App(s) that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the App(s) is covered by the applicable open source or third-party licenses EULAs, if any, authorizing use of such code. The foregoing license grant is not a sale of the App(s) or any copy thereof, and Appreciate Stuff or its third-party partners or suppliers retain all right, title, and interest in the App(s) (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Appreciate Stuff reserves all rights not expressly granted under this Agreement. If the App(s) is/are being acquired on behalf of the United States Government, then the following provision applies. The App(s) will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The software for the App(s) originates in the United States, and is subject to United States export laws and regulations. The App(s) may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App(s) may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App(s) and the Services. To download the App(s), you will need a valid account for the online store where the App(s) is/are available (as applicable to your device).
15.2 Mobile Applications from Apple App Store
The following applies to any App(s) you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Appreciate Stuff, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Appreciate Stuff as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Appreciate Stuff as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's Intellectual Property Rights, Appreciate Stuff, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Appreciate Stuff acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
15.3 Mobile Applications from Google Play Store
The following applies to any App(s) you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Appreciate Stuff only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Appreciate Stuff, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Appreciate Stuff's Google-Sourced Software.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Appreciate Stuff without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16.2 Notification Procedures.
Appreciate Stuff may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Appreciate Stuff in our sole discretion. Appreciate Stuff reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement. Appreciate Stuff is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
16.3 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Appreciate Stuff in connection with the Services, shall constitute the entire agreement between you and Appreciate Stuff concerning the Services. Except as otherwise stated in this Agreement, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination or expiration of this Agreement.
16.5 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Appreciate Stuff's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.